Wayne Rooney may use transfer loophole to buy himself out of Manchester United contract next summer

Loophole: Rooney could use a FIFA ruling to leave the Champions (Image: AFP)

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Wayne Rooney can spark a transfer scramble by buying himself out of his Manchester United contract next summer.

The England striker fears that United will reject an expected third and improved bid of £40million from Chelsea this week.

But Rooney is desperate to quit Old Trafford as soon as possible - and Sunday Mirror Sport understands his camp are aware of the possibility of exploiting Article 17 of FIFA’s regulations for the ‘Status and Transfer of Players’.

That would allow Rooney to buy himself out of the last 12 months of his contract if he agrees to pay United compensation based on his earnings.

It would cost the 27-year-old around £12m to walk away from the Premier League champions as a free agent.

He would then be able to recoup the cost – and more – by demanding a hefty signing-on fee from any club interested in securing his services.

It is a nightmare scenario for United.

New boss David Moyes has insisted all summer that Rooney will not be allowed to leave the club - and has been backed to the hilt by the Old Trafford hierarchy.

Chelsea and Arsenal have both tried to test United’s resolve this summer, with the player insistent that he wants to leave after being wrongly accused by Sir Alex Ferguson of demanding a transfer during a meeting last season Rooney believed to be confidential.

Now United could lose a player they signed from Everton nine years ago for a minimal amount of compensation.

Camp Rooney are aware that they can attempt to exploit a FIFA regulation that is shrouded in ­controversy.

Article 17 allows a player to buy himself out of his contract if he is at least three years into the deal. If the unhappy player is aged 28 or more he can trigger the regulation just two years into his contract.

Rooney, who celebrates his 28th birthday on October 24, signed a five-and-a-half-year deal in October 2010 - which means he will fit the criteria.

Article 17 was used by Scottish defender Andy Webster when he left Hearts to join Wigan in 2006.After originally being ordered to pay Hearts £650,000 in compensation, that figure was reduced to £150,000 when he appealed to the Court of Arbitration for Sport.

FIFPro - the players’ world union - have called for a major overall of the entire transfer system after vice-president Philippe Piat denounced the current regulations as contrary to European law.

The organisation would like to use a world renowned star like Rooney to really test Article 17 in an attempt to secure freedom of players’ movement in Europe.

Piat, who is also president of the French players’ union, said: “We – FIFPro - consider them (current transfer regulations) to be contrary to Community law, in that they do not guarantee the free movement of professional footballers within the European Union.

“We, together with FIFA, have already accepted that a player unilaterally breaking his employment contract at the end of a season could find himself subject to a claim for compensation for breach of contract, equal to the salary remaining due until the term initially provided for under the contract. – that is fair and consistent compensation.

However, it cannot be compared with compensation mutually agreed between two clubs under the present system, which is immoral and contrary to the fundamental rights of every individual.”

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The ‘Webster Ruling’ is a test case in football law involving former Hearts defender Andy Webster.

In September 2006 he became the first player to exploit the updated transfer regulations of FIFA, football’s governing body, which stipulated that players are able to walk away from a contract after a fixed period, regardless of the duration of the contract itself. He cancelled his contract with Hearts in the penultimate year of a four-year deal – but he had to join a club in a foreign country.

Webster paid Hearts £150,000, the equivalent of his final year’s salary at Tynecastle, and joined English Premier League side Wigan.